The current Constitution, the Constitution of Japan, came into effect on May 3, 1947, amending the Constitution of the Empire of Japan, which was promulgated after the Meiji era after being defeated in the previous war.
Now, 75 years after the war, the Meiji Constitution Many people do not know the existence of itself, but what exactly is the difference from the current constitution?
While the theory of constitutional revision is whispered, this time, " Constitution of Japan I would like to touch on the differences from the Constitution of the Empire of Japan while writing in a simple and easy-to-understand manner.
Differences between the Constitution of the Empire of Japan and the Constitution of Japan
| Meiji Constitution | Constitution of Japan | |
| Established | Principles of the Constitution | Civil Constitution |
| Sovereignty | Emperor sovereignty / Emperor sovereignty-centered principle | Popular sovereignty and separation of powers |
| Emperor | The existence of sacred inviolability Head of State and General Manager of Rights of State | A symbol of Japan and the Japanese people as a whole Perform formal and nominal state affairs |
| War and the army | The emperor has the right to command land, sea and air, and his subjects have military service obligations | Abandoned war and not holding any army |
| National rights | Rights as subjects ・ Guarantee within the scope of the sword | Guarantee of basic human rights including social rights |
| Diet | The emperor's sponsorship organization, bicameral system. The House of Peers is a privileged representative and has no authority to investigate national affairs. | The highest body of state power, the only legislative body, the House of Representatives and the House of Councilors are representative bodies of the people and have the right to investigate national affairs. |
| Cabinet | The emperor's condolence agency, the Minister of State, is responsible for the emperor | The highest administrative body, the parliamentary cabinet system, is responsible for the Diet |
| Court | No constitutional review right to judge in the name of the emperor | Independence of judicial power, constitutional review right, national review between Supreme Courts |
| Constitutional amendment | Emperor's motion, Imperial Diet resolution | Diet proposal, referendum |
Until the Constitution of Japan is enacted
This constitution is pacifism and popular sovereignty Peace Constitution , which is rare in the world Also known as.
Japan is completely defeated by the Allies as a result of the Pacific War.
After that, Japan was governed by the US-led GHQ. In this way, GHQ controls Japan, but the commander at that time, MacArthur, started to enact a constitution to prevent Japan from waging war . To do.
MacArthur the cause of the war in Japan is the Constitution of the Empire of Japan It was GHQ's greatest mission to create a new alternative to this Constitution. First, GHQ had Japan draft a new constitution, but the submitted Matsumoto draft Was just a slight modification of the Constitution of the Empire of Japan.
MacArthur, who felt that the emperor's sovereignty had not improved and that this was not clear, drafted the Constitution of Japan with reference to the constitutions of other democratic countries, and the Japanese government based on this GHQ draft. It was decided to make.
Following this process, the Constitution of Japan, which replaces the Constitution of the Empire of Japan, was November 3, 1946 after some modifications were made by the Diet. Promulgated on May 3, 1947 It was enforced in.
The Constitution of Japan that I want to keep as a Japanese citizen
The Constitution of Japan contains various rules as a country, but among them, the Three Principles of the Constitution of Japan are important as a nation. there is.
Three major principles of the Constitution of Japan
As a Japanese citizen, I want to remember popular sovereignty, pacifism, and respect for basic human rights . There are three major principles of the Constitution of Japan.
Popular sovereignty
What is popular sovereignty? Is the administration of national affairs according to the consensus of the people? Must be done. (It's a different story that we don't feel that politics is moving in our consensus ...)
The preamble says, " Declare that sovereignty exists here for the people and finalize this constitution 』, take the principle of popular sovereignty It has been clarified.
Nationals appoint national representatives as a way to realize popular sovereignty And decide the will of the nation through its representative [ indirect democracy ] Is adopted. On the other hand, some important matters such as constitutional amendment and Supreme Court examination are direct democracy . Element is taken.
Meiji Constitution So the sovereignty of the country is the emperor So, national rights are within the scope of the law However, this is not the case under the Constitution of Japan, and all people have sovereignty . The country's decision-making is owned by the people It has been with.
Currently, the members of the Diet who are active in the Diet are the same people as us, and it is a constitution that can move the country if we make efforts.
Pacifism
In the preamble, pacifist ideals Abandonment of war / non-retention of force Etc. are stipulated. This clause is also the heart of the Constitution of Japan, and it is also the reason why Japan is called the Constitution of Peace.
Article 9 states that the Japanese people abandon war and armed forces, and banned the possession of the army, but Japan has a Self-Defense Force . doing.
This was done Hitoshi Ashida shortly before the Constitution of Japan was promulgated. I don't recognize the country's right to engage Let me add something like that. This sentence is one of the grounds for the existence of the Self-Defense Forces With this addition, Japan has abandoned the armed forces to wage wars for the invasion of other countries, but has not abandoned the armed forces during defense when Japan was attacked. / strong> ] Can now be said.
This is self-defense However, as a result, Japan has a peace constitution, but there is something similar to the army called the Self-Defense Forces.
Respect for basic human rights
Basic human rights are " permanent rights that cannot be violated It is clarified that it is the basic principle of the Constitution.
In view of the fact that a person is naturally recognized as a person, the Constitution directly guarantees it. However, it is not absolutely unlimited, [ public welfare ] And is not allowed to be abused, and is entitled to considerable rights if necessary for the public welfare.
By the way, [ public welfare The word】 is often written in the preambles of various laws, so it's a good idea to remember it. It often appears in the laws and regulations of qualification examinations.
Simply put, the people are guaranteed their thoughts and expressions, such as freedom of thought . And right not to be discriminated against The country bans the creation of laws that impede it It has been done.
About the Emperor [Articles 1-7]
The first article of the Constitution of Japan is about the Emperor, Constitution of the Empire of Japan Above is sacred and Japanese sovereignty It was. However, Constitution of Japan Then the emperor is a symbol of the Japanese people In Article 3, events and work (state affairs) performed by the emperor cannot be performed without the approval of the Cabinet . It is stipulated.
By the way, the state affairs that the emperor is supposed to do What is ...
- Promulgation of constitutional amendment / promulgation of law
- Convening the Diet
- Dissolution of the House of Representatives
- Promulgation of the general election of the Diet
- Amnesty / Amnesty Decision
- Awarding honors
With the advice and approval of the Cabinet, the Emperor is doing something very important in the country.
About the freedom and rights of the people
Articles 11-13 of the Constitution are national freedoms and rights Is clearly stated.
As I wrote above, the Constitution of Japan recognizes the basic human rights of the people . That part is described in this article. However, in modern times, new human rights did not exist in the creation of the Constitution at that time. ( Right to light, right to privacy, right to portrait, etc. ) Will be emphasized.
How much freedom is guaranteed for that part? Is a recent challenge to interpret.
Article 25 Right to Life
The right to life is that all people have the right to live a healthy and culturally minimal life, and the country must promote social welfare and social security to achieve it.
This article is written about the social welfare of the country, and based on this, it is like creating a mechanism that enables us to lead a stable life, such as pensions and safety nets.
However, it is also true that some people are abusing this right to life in these difficult times, and the government must make a law that will punish such people.
Article 96 Constitutional Amendment
Recently, some discussion has been raised about the revision of the Constitution, but Article 96 of the Japanese Constitution describes this revision of the Constitution. As with the new interpretation of human rights mentioned earlier, the situation in Japan is quite different from when the Constitution was enacted.
Constitutional amendments in other countries according to the changing consciousness of people Is often done.
This is no exception in Japan, and the article states that a constitutional amendment can be made with the approval of two-thirds of the House of Representatives and the House of Councilors and the approval of a majority in the referendum.
That said, the constitution has never been amended in Japan, and the referendum has never been held.
The Constitution, the highest law of the country
According to Article 98 of the Constitution of Japan, the Constitution is the highest law of the country. It is written that.
The highest law means that it is located at the top of all laws, and that there is no law above the Constitution of Japan. The constitution says that if there is an unreasonable law, it can be invalidated.
The basis for this Supreme Law is called the Constitutional Review Right, which is held by the courts and is checked to see if all laws violate the Constitution.
Not limited to the interpretation of the abandonment of war in Article 9 of the Constitution, it is a fact that there are many contents that are not suitable for the present era, such as human rights issues. I want you to make correct constitutional amendments that suit the current era, regardless of Article 9.